Traders with Edge Terms of Service
1. Welcome to Traders with Edge
Traders With Edge Limited, a company incorporated in Hong Kong (we, us, our) owns and operates traderswithedge.com and all of its subdomains (our Site), and various third party trading systems, social media and messaging sites, channels, pages, groups and forums (collectively with our Site, our Services).
2. Acceptance and Variation of Terms
Your permission to access and use our Services is conditional upon you agreeing to the terms and conditions set out below (Terms). You must read these Terms carefully.
By clicking an ‘accept’ button, creating an account, or accessing or using any part of our Services, you accept, or are deemed to have accepted (as the case may be), all of these Terms, as varied, modified or amended by us from time to time.
You agree that these Terms are legally enforceable and binding in the same manner as any written negotiated contract bearing your signature or seal. If you do not agree with these Terms, you must not create an account and must not access or use any part of our Services.
3. Acceptable Use
You agree that you are only authorised to use our Services for your own personal use and for the following activities:
(a) accessing and using our Services; and
(b) any other purpose which we make known to you.
Unless otherwise approved by us, you must not use our Services:
(a) to provide advice (financial or otherwise) regarding any share, security, or financial product or instrument, or an offer, solicitation, recommendation, or invitation, to buy, sell or deal in any way with any of those things; or
(b) for any illegal purpose or activity (in any jurisdiction), including but not limited to any act which causes, or may be likely to cause, physical harm to any person.
4. User Account Creation
1.1 User Account Creation
In order to access and use our Services, you must create an account on our Site and provide the information which we request as part of the account creation process (User Account).
When creating a User Account, you acknowledge and agree that:
(a) you will not provide any false personal information and will keep your personal information accurate and up to date;
(b) you will only create one (1) User Account;
(c) you will not allow anyone else to access your User Account;
(d) you will not create a new User Account if your User Account is disabled;
(f) we have the right to terminate your User Account and your access to our Services, at any time, at our sole discretion, without prior notice to you.
5. Nature of our Services
1.1 Trading and Other Rules
Your ongoing access to and use of our Services are subject to:
a. these Terms;
b. the trading rules published on our Site (traderswithedge.com/trading-rules) and updated by us from time to time at our discretion (Trading Rules); and
c. the other rules, terms and conditions published on the frequently asked questions section of our Site (traderswithedge.com/faqs) and updated by us from time to time at our discretion (FAQs).
By accessing and using our Services, you acknowledge and agree that you have read and understood the Trading Rules and the FAQs published on our Site. You acknowledge and agree that we may vary the Trading Rules and FAQs at any time, at our discretion. Your continued use of our Services will constitute an automatic acceptance of any alterations, withdrawals or amendments made by us.
1.2 Challenge Accounts
- You may purchase access to the desired trading account type to gain access to a simulated forex trading account (Challenge Account). Upon purchase, we will issue you with login credentials for MetaTrader 4 or MetaTrader 5 (as the case may be) which you may use under sublicense from us in connection with such software to access the simulated forex trading facility.
- You may only trade one (1) of each type of Challenge Account at any one time.
- You must not change the password to any Challenge Account under any circumstances. If you need the password changed, please contact us using our contact form on our Site and we will reset the password for you.
- With a Challenge Account, you will be given the opportunity to undertake certain simulated trading challenges . Details of the trading challenges applying to the different types of Challenge Accounts are published on our Site and updated by us from time to time at our discretion.
1.3 Funded Accounts
- If you pass the trading challenges for a Challenge Account that you have purchased, the Challenge Account becomes eligible to be ‘funded’.
- We will manually review each eligible Challenge Account and, provided that you have complied with these Terms, Trading Rules and FAQs, we will approve the Challenge Account to be ‘funded’ and issue you with new login credentials for MetaTrader 4 or MetaTrader 5 (as the case may be) for a new ‘funded’ trading account (which you may use under sublicense from us) bearing the same basic attributes as the Challenge Account used to pass the relevant trading challenges (Funded Account).
- You must not change the password to any Funded Account under any circumstances. If you consider there to be a breach of security, please contact us using our contact form on our Site and we will reset the password for you.
- Funded Accounts will be given an artificial balance of trading capital which you may use to undertake simulated forex trading with the possibility of earning a profit share from us. Unless otherwise specified on our Site, the artificial balance of trading capital will be equivalent to the opening balance of the Challenge Account used to gain eligibility for funding.
- We may, at our discretion, use our own live trading accounts to copy trade any of your Funded Accounts. Subject to these Terms, any real profits realised by us will be shared with you in accordance with the terms applying to the relevant type of Funded Account as published on our Site and updated by us from time to time. We will bear the sole risk associated with any losses suffered by us with our own live trading accounts.
- If at any point your trades become un-copyable to our live trading accounts, we reserve the right to cancel your Funded Account/s.
- Our Services are designed to incentivise consistent successful trading over time. For each Funded Account, you must undertake trading activity on at least ten (10) days to qualify for your first payment of any profit share, regardless of the amount of profit generated during that same period.
1.4 Prohibited Trading Activity
You acknowledge and agree that you must not use any Challenge Account or Funded Account to engage in any trading practices which are designed to circumvent the restrictions placed on users of our Services, or which would be illegal if undertaken on the real market, or which are otherwise inconsistent with the proper functioning of a real market. All such activity is strictly prohibited on our Services, including but not limited to:
- copy trading across multiple Challenge Accounts or Funded Accounts to circumvent any monetary limits specified by us;
- copy trading other users of our Services – where two users execute the same trades, we may hold either or both of them to be in breach of these Terms;
- allowing others to trade your Challenge Account/s or Funded Account/s;
- high-risk trading behaviour;
- gambling (e.g. making the majority of profits from a single trade, then placing micro trades to meet the minimum trading days requirement to receive your first payout);
- use of any automated system or software designed to exploit possible price latencies, or other technology vulnerabilities or other issues relating to the technologies used by us or third parties;
- tick scalping (i.e. constantly opening and closing trades in very short periods of time);
- use of platform or data freezing;
- use of delayed data feed;
- trading on delayed charts;
- unrealistic bid fills that do not take into account slippage;
- use of hedging trades between accounts;
- breaking rules/parameters;
- inconsistency/instability or use of a strategy that incurs an unreasonable financial risk;
- strategies which do not take into account real market conditions.
If you engage in any of the above prohibited activity, then you will be in breach of these Terms and we may (without limitation):
- cancel any payment which would otherwise be due and owing by us to you under these Terms in connection with a Funded Account;
- suspend or terminate your access to our Services;
- refuse to approve one or more of your Challenge Accounts to be ‘funded’; and
- suspend or terminate any one or more of your Challenge Accounts and/or Funded Accounts.
You acknowledge and agree that:
- you are not investing with us, and none of our products or Services are intended to be an investment by or for you;
- we may determine at our discretion from time to time which instruments are made available for trading on Challenge Accounts. You may not object to any instruments not being available, or becoming unavailable at any time;
- all trading undertaken by you using Challenge Accounts and Funded Accounts is carried out on a purely synthetic and simulated basis;
- trading with Challenge Accounts give you no right to receive any payment or monies from us whatsoever;
- Challenge Accounts are primarily for your own educational and training purposes;
- any balance showing in a Funded Account is an artificial balance, and you have no entitlement to any real funds within any live trading account held by us, other than a share of real profits realised by us through copy trading your Funded Account/s;
- Challenge Accounts may have better prices, better liquidity and/or abnormal execution behaviour relating to the real markets – successful strategies deployed on Challenge Accounts may not be successful on Funded Accounts;
- you access and use our Services at your own risk and expense; and
- we make no representations, warranties or guarantees whatsoever that you will generate any income from your personal efforts through the use of our Services, except where you become entitled to a share of real profits realised by us through copy trading your Funded Account/s.
1.6 Your Relationship with Us
You acknowledge and agree that:
- nothing in these Terms established any relationship of employment, or any partnership, joint venture or fiduciary relationship between you and us;
- you enter into these Terms as an independent contractor having full autonomy in relation to your dealings with us;
- any monies which we pay to you is considered a fee for services rendered by you at our request; and
- we are authorised by you to generate recipient created invoices to substantiate any payments which we make to you in accordance with these Terms.
6. No Financial Advice
You acknowledge and agree that we do not hold, or operate under, any financial services licence, or other similar regulatory authorisation in any jurisdiction.
All text, images, audio recordings, video recordings, and other information and content, including but not limited to, market or trading information, tools, indicators, and materials (Content) hosted or made available on or through our Services is provided:
a. for general information purposes only; and
b. without any regard whatsoever to the personal circumstances of any person.
Any user-created Content which is hosted or made available on or through our Services is provided for, and on behalf of, the relevant user who created or supplied such Content.
No Content hosted or made available on or through our Services is intended to constitute advice (financial or otherwise) regarding any share, security, or financial product or instrument, or an offer, solicitation, recommendation, or invitation, to buy, sell or deal in any way with any of those things.
All statements, representations, estimations, projections, or forecasts made in or through our Services by any person (whether relating to the present or the future) are expressions of opinion only, and do not necessarily represent our opinion or have our endorsement.
Unless otherwise expressly stated by us, we, and any other person using our Services, are not:
- professional or qualified advisors (such as lawyers or accountants);
- financial advisors or financial service providers;
- financial services licence holders;
- professional or qualified traders, investment managers, or fund managers;
- brokers or agents; or
- securities advisors or practitioners.
Before acting on, or relying upon, any Content hosted or made available on or through our Services, we strongly recommend that you:
- undertake your own investigations and enquiries; and
- seek independent legal, accounting, tax, financial, business, technical and other professional advice from an appropriately qualified professional advisor.
For a complete list of our fees, please refer to the relevant section of our Site. We reserve the right to vary our fees at any time at our discretion.
All fees are, unless otherwise expressly stated by us:
a. in United States dollars ($USD);
b. inclusive of goods and services tax and other value-added tax (VAT).
8. Refunds and Chargebacks
- Our refund policy is published on our Site (traderswithedge.com/refund_returns) and updated us from time to time in our discretion.
- If you initiate a transfer recall with your financial institution, or a chargeback on your credit or debit card, or take any similar action, you must pay us an administration fee of USD $50.00 on demand. You acknowledge, agree and consent to us setting off any such fees against any monies which we may owe to you from time to time.
9. No Hong Kong Residents
Our Services are not available to residents of Hong Kong. All information and Content hosted or made available on or through our Services is not intended for any person who is a resident of Hong Kong.
10. International Users
You are solely responsible for complying with any applicable local laws in the country of your residence, including but not limited to, regulations relating to financial services and financial markets.
11. No Minors
Our Services are designed for use only by people who are 18 years of age or older. Persons under 18 years of age, but aged at least 13 years, may only use our Services with the consent of their parent or legal guardian. We may, at our discretion, request you to provide evidence of such consent, if applicable. We will not accept users under the age of 13 years.
12. Account Deletion and Termination
You may delete your account at any time either by using the in-built deletion facility on our Site (if any), or by contacting us by using our contact form on our Site (traderswithedge.com/support).
We reserve the right to delete your account/s on our Services at any time and for any reason, including but not limited to:
- if any Challenge Account or Funded Account is inactive for a period of 45 days (or such other period specified on our Site);
- if your User Account is inactive for a period of six (6) months or more;
- if you breach these Terms, or any other relevant third party terms and conditions, or we suspect that you have breached them; or
- if you engage in any illegal, offensive, defamatory, or obscene conduct or behaviour.
13. Affiliate Program
We may offer an affiliate program, which is subject to our affiliate terms and conditions published on our Site (traderswithedge.com/affiliate-tos-page) and updated by us from time to time at our discretion. You acknowledge and agree that we may vary such terms at any time without prior notice to you. Your continued use of our Services will constitute an automatic acceptance of any such variations made by us.
14. Promotions and Discounts
We may offer promotions and discounts from time to time. All promotions and discounts are offered subject to these Terms and any other terms and conditions specified by us.
You must ensure that all login IDs and passwords required to access our Services are kept secure and confidential. We may support multi-factor authentication in order to access our Services, such as by requiring you to input one-time-use codes sent to the mobile number associated with your account, which we encourage you to use to secure your account.
You must immediately notify us of any unauthorised use of your login IDs or passwords or any other breach of security.
Where there is unauthorised access or a breach of security, we will take appropriate steps to rectify the unauthorised use or breach of security, including by, without limitation, cancelling and resetting the relevant login IDs and passwords, and you must take all other actions that we reasonably deem necessary or desirable to maintain or enhance the security of our computing systems and networks and your access to our Services.
We will use all reasonable endeavours to ensure that we provide a secure environment for any data stored or hosted on our systems, including by encrypting your data. You acknowledge however that no information which is available on the Internet is completely secure and you agree that we will not be liable for any damage, loss, cost, liability, expense, injury or death of any kind and however arising including penalties, fines and interest whether prospective or contingent and any amounts that for the time being are not ascertained or ascertainable (Loss) suffered by you or any third party should our security measures (or those of any of our service providers) be overcome or breached.
We maintain appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorised disclosure or access, or unlawful destruction. We are not responsible for the security of any data stored on any personal computer, laptop, mobile or other device owned or controlled by you.
16. No Interference
You agree that you will not:
a. use our Services in any way that could damage our reputation or goodwill;
b. permit any person to access and use our Services other than in accordance with these Terms;
c. disable, tamper with or otherwise attempt to circumvent any billing mechanism that meters the use of our Services by you or any other person;
d. except to the extent that any applicable laws (including but not limited to copyright laws) prevent us from restraining you from doing so:
(i) reproduce, make error corrections to or otherwise modify or adapt our Services or create any derivative works based upon our Services; or
(ii) decompile, disassemble or otherwise reverse engineer our Services or permit or facilitate any third party to do so;
e. when accessing and using our Services:
- attempt to undermine the security or integrity of our computing systems or networks or, where our Services are hosted or operated by a third party, the third party’s computing systems and networks;
- use, or misuse, our Services in any way which may impair its functionality, or the functionality of any other system used to deliver our Services, or impair the ability of any third party to lawfully use our Services;
- attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which our Services are hosted or stored;
- transmit, or input into our Services any information, data, files or other material that may damage any other person’s computing devices or software, may be offensive, or which is in violation of any law (including material protected by copyright or trade secrets which you do not have the right to use);
- attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver or operate our Services, except as is strictly necessary to use either of them for normal operation;
- remove or modify any program markings or any notice of proprietary rights, including those of any third party;
- use any automated processes or means to access our Services;
- use any software or manual repetition that will or is likely to interfere with our Services; or
- attempt to cause stress or detriment to the proper working of our Services, such as by:
a. acting in any way likely to cause an unreasonable strain to the infrastructure of our Services;
b. reloading or refreshing transaction pages more than once every 5 seconds; or
c. requesting any page of the Site or the App more than 1000 times in aggregate in any 24-hour period.
We will use our best endeavours to ensure that our Services are accessible on a continuous basis, 24 hours a day, five (5) days a week (no availability on weekends). However, we may, without notice, suspend all or part of any access to our Services immediately, including where:
- there is a malfunction or breakdown of any of our equipment or if we are required to undertake the repair, maintenance or service of any part of our Services;
- it is reasonably required to reduce or prevent fraud or interference with our Services;
- we are required to comply with an order, instruction or request of a government authority, or other such competent body; or
- we are otherwise prevented from making our Services available by circumstances outside our reasonable control.
You acknowledge and agree that access to our Services is reliant upon various factors outside our control, including, without limitation, third party forex brokering services, the availability of MetaTrader 4 and MetaTrader 5 systems, you meeting the minimum technical requirements of our Services, your Internet service provider or telecommunications provider, the speed and bandwidth of your Internet connection, the equipment or devices which you use to access and use our Services, our hosting and web server (to the extent that we engage third party contractors) and other factors which may impact upon the delivery of our Services to you via the Internet.
WHILE WE WILL USE ALL REASONABLE ENDEAVOURS TO ENSURE THAT YOU HAVE ACCESS TO OUR SERVICES DURING THE SPECIFIED AVAILABILITY TIMES, WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS TO PROPERTY OR PERSONS CAUSED BY SUCH FACTORS. THIS INCLUDES ANY LOSS INCURRED BY YOU DUE TO TECHNICAL MALFUNCTION OR NON-AVAILABILITY OF THIRD PARTY FOREX BROKERING SERVICES AND/OR METATRADER 4 AND METATRADER 5 SYSTEMS.
We reserve the right to restrict of remove access to our Services for the purpose of undertaking maintenance and updating of our Services.
We do not warrant that any part of our Services is or will be completely error free or free of defects. Certain parts of our Services may be made available on an ‘alpha’ or ’beta’ basis for testing purposes prior to full release and may be withdrawn or removed at any time by us without notice to you. We may not identify which parts of our Services are released on such an ‘alpha’ or ’beta’ basis. We are not responsible for any Loss to property or persons incurred as a result of the use by any person of any parts of our Services which are released on an ‘alpha’ or ’beta’ basis.
If you experience any errors or problems with any trades undertaken by you using Challenge Account or Funded Account, you must notify us in writing within seven (7) days of the error or problem occurring. If we do not hear from you within this timeframe, we have no obligation to investigate or resolve the error or problem.
Except as expressly stated by us, the information and Content contained within our Services (including its coding, wording, design, graphics and logos) are owned by us or our affiliates and are protected by Hong Kong and international copyright and trademark laws (as applicable).
You may only retain copies of information if obtained incidentally to your viewing and kept for your own personal reference.
19. Intellectual Property
You acknowledge and agree that we or our affiliates own all rights, title and interest, including intellectual property rights and moral rights (IP Rights) in our Services, and any Content hosted or made available on or through our Services (including content produced or provided by other users), and that nothing in these Terms has the effect of, or should be construed as having the effect of, passing ownership of any such IP Rights, or those of any third party, to you or any other person whatsoever.
You further acknowledge and agree that we at all times retain ownership of all IP Rights created by or for us (whether or not related to our Services and whether created before or after the commencement of our agreement with you under these Terms) and, to the extent that any such IP Rights vest in you (by operation of law or otherwise), you hereby irrevocably assign, transfer and dispose of all such IP Rights to us with effect immediately upon such rights arising or vesting in you (as the case may be). To the extent that such assignment, transfer or disposal is not possible under the law, you irrevocably grant us a royalty-free, perpetual, worldwide licence to use, reproduce, modify, redevelop, sublicense, exploit and commercialise all such IP Rights as we see fit.
You acknowledge, agree, and consent to us using, copying, modifying, selling, licensing or otherwise dealing with for our own commercial benefit any trades or trading activity undertaken by you on or through our Services.
You must not knowingly do any act or thing in relation to data which would infringe any third party’s IP Rights. You are solely responsible for obtaining any consent, approval, authority or licence from the holders of any IP Rights required to enable you to deal with any relevant data or to do any act or thing in relation to those IP Rights.
21. Third Party Sites and Content
Our Services may contain links to third party websites outside our control (Third Party Sites). Our Services may also make available to you Content hosted by Third Party Sites (Third Party Content). We take no responsibility for content contained in any Third Party Sites, or any Third Party Content made available by us to you. We do not endorse any aspect of any Third Party Sites or Third Party Content. We provide links to Third Party Sites, or access to Third Party Content, for convenience only. You access and use all Third Party Sites and Third Party Content entirely at your own risk.
If you choose to purchase goods or services from a third party, including from a Third Party Site accessed from or through our Services, you are entering a separate agreement with that third party, and expressly agree that we are not a party to any such transaction.
22. Continued Development
You consent to us soliciting comments, information, requests, data, ideas, enhancement requests, recommendations, description of processes, or other information concerning our Services from you or any person (Feedback). We own all IP Rights in any Feedback and may use such Feedback for purposes related to our Services or the carrying out of services by us generally in our business activities without further approval or acknowledgement, and you hereby assign to us all IP Rights in any such Feedback.
23. Off-Site Conduct
It is a direct violation of these Terms for you to engage in an activity using information and Content obtained from our Services to contact, abuse, advertise, sell to, harass or harm any other person, except as an affiliate in accordance with our affiliate terms and conditions (see ‘Affiliate Program’ section of these Terms).
24. Consequences for Violation
If you violate these Terms in any way, you agree that we may at our sole discretion and without notice to you:
- take any legal action we may have available against you;
- block your use of our Services;
- suspend, deactivate, or delete your User Account, Challenge Account/s and/or Funded Account/s on our Services; and/or
- disclose information about you and your use of our Services for investigation by any enforcement body for your unlawful activity.
You agree that monetary damages may not be sufficient where your actions cause damage to us, whether by tarnishing our goodwill, causing a loss to sales or increasing our expenses and in such a case you consent to us obtaining injunctive or other equitable relief against you as a consequence of your violation.
OUR SERVICES ARE DELIVERED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, SUBJECT TO ALL LATENT AND PATENT DEFECTS (IF ANY). IN THIS CONTEXT, WE DO NOT WARRANT THAT OUR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
WHILST ALL DUE CARE HAS BEEN TAKEN IN PROVIDING OUR SERVICES, TO THE GREATEST EXTENT PERMITTED BY LAW:
- WE MAKE NO REPRESENTATIONS, AND WE DO NOT GIVE ANY WARRANTIES OR MAKE ANY GUARANTEES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER OR NOT SUCH USE OR PURPOSE IS DESCRIBED BY YOU TO US OR OUR REPRESENTATIVES PRIOR TO THESE TERMS TAKING EFFECT; AND
- ANY CONDITION, GUARANTEE, OR WARRANTY WHICH WOULD OTHERWISE BE IMPLIED INTO THESE TERMS AND CONDITIONS IS EXCLUDED.
ALL DUE CARE IS TAKEN IN ENSURING THAT OUR SERVICES ARE FREE OF ANY VIRUS, WORM, TROJAN HORSE AND/OR MALWARE, HOWEVER WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE WHICH ARISES IN CONNECTION WITH YOUR USE OF OUR SERVICES OR ANY THIRD PARTY SITE.
WE ACCEPT NO LIABILITY WHATSOEVER IN RELATION TO ANY THIRD PARTY SERVICES OR THIRD PARTY SOFTWARE WHICH YOU MAY PURCHASE OR USE IN CONNECTION WITH OUR SERVICES.
WE PROVIDE NO WARRANTY AS TO THE ACCURACY OR CURRENCY OF THE ACCOUNT INFORMATION OR OTHER INFORMATION OR DATA UPLOADED TO OUR SERVICES BY ANY OTHER PERSON.
OUR SERVICES MAY DYNAMICALLY SOURCE CONTENT (SUCH AS PRICE, VOLUME, DEPTH AND OTHER MARKET DATA) FROM THIRD PARTY SITES AND SERVICES USING APPLICATION PROGRAMMING INTERFACES (APIS) AND OTHER TECHNOLOGIES. WE GIVE NO WARRANTIES AND MAKE NO GUARANTEES AS TO THE ACCURACY OR CURRENCY OF ANY SUCH DATA, THE RESPONSIBILITY FOR WHICH AT ALL TIMES REMAINS WITH THE RELEVANT THIRD PARTY SITES AND SERVICES.
FROM TIME TO TIME, WE MAY HOST THIRD PARTY CONTENT ON OUR SERVICES SUCH AS ADVERTISEMENTS AND ENDORSEMENTS. RESPONSIBILITY FOR THE CONTENT OF SUCH MATERIAL RESTS WITH THOSE THIRD PARTIES AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN SUCH MATERIAL OR ANY DAMAGE CAUSED EITHER DIRECTLY OR INDIRECTLY BY THEM.
26. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED BY LAW:
A. YOU ACCESS AND USE OUR SERVICES, AND ANY SYSTEM OPERATED BY US (INCLUDING BUT NOT LIMITED TO CLOUSE STORAGE AND CLOUD COMPUTING SYSTEMS) AT YOUR OWN RISK AND EXPENSE; AND
B. YOU ARE SOLELY LIABLE FOR YOUR OWN ACTS, OMISSIONS AND NEGLIGENCE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS (AS THAT TERM IS DEFINED IN THESE TERMS) TO PROPERTY OR PERSONS AS A RESULT OF, WHETHER DIRECTLY OR INDIRECTLY:
- ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU, OR ANY OTHER PERSON;
- THE USE, NON-USE OR MISUSE OF OUR SERVICES BY YOU, OR ANY OTHER PERSON;
- OUR SERVICES FAILING, MALFUNCTIONING, OR NOT FUNCTIONING AS YOU EXPECT;
- YOUR RELIANCE, OR THE RELIANCE BY ANY OTHER PERSON, ON ANY CONTENT HOSTED OR MADE AVAILABLE THROUGH OUR SERVICES;
- ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS BY YOU, OR ANY OTHER PERSON; AND
- ANY BREACH OF THESE TERMS BY YOU, OR ANY OTHER PERSON.
TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO CIRCUMSTANCES WILL WE BE LIABLE WHATSOEVER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR CONTINGENT LOSS, OR ANY LOSS OF PROFITS, LOSS OF OPPORTUNITY, LOSS OF CONTRACT OR BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL.
TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO CIRCUMSTANCES WILL OUR LIABILITY EXCEED THE AGGREGATE FEES OR OTHER MONIES YOU PAY TO US IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING ANY CLAIM MADE BY YOU.
27. INDEMNITY AND RELEASE
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU WILL AT ALL TIMES INDEMNIFY AND KEEP INDEMNIFIED US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL LOSS (AS THAT TERM IS DEFINED IN THESE TERMS) (INCLUDING LEGAL COSTS AND EXPENSES ON A LAWYER AND OWN CLIENT BASIS) INCURRED BY ANY OF THOSE INDEMNIFIED OR RELEASED (AS THE CASE MAY BE) ARISING FROM ANY ACTION, CLAIM, DEMAND, SUIT, OR PROCEEDING MADE OR BROUGHT BY ANY PERSON AGAINST ANY OF THOSE INDEMNIFIED OR RELEASED (AS THE CASE MAY BE) WHERE SUCH LOSS AROSE OUT OF, IN CONNECTION WITH, OR IN RESPECT OF:
A. ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU;
B. YOUR USE, NON-USE OR MISUSE OF OUR SERVICES;
C. YOUR RELIANCE ON ANY CONTENT HOSTED OR MADE AVAILABLE THROUGH OUR SERVICES;
D. ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS BY YOU; AND
E. ANY BREACH OF THESE TERMS BY YOU.
YOU RELEASE US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM ALL LIABILITY IN RELATION TO THE FOLLOWING MATTERS:
A. ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU, OR ANY OTHER PERSON;
B. THE USE, NON-USE OR MISUSE OF OUR SERVICES BY YOU, OR ANY OTHER PERSON;
C. OUR SERVICES FAILING, MALFUNCTIONING, OR NOT FUNCTIONING AS YOU EXPECT;
D. YOUR RELIANCE, OR THE RELIANCE BY ANY OTHER PERSON, ON ANY CONTENT HOSTED OR MADE AVAILABLE THROUGH OUR SERVICES;
E. ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS BY YOU, OR ANY OTHER PERSON; AND
F. ANY BREACH OF THESE TERMS BY YOU, OR ANY OTHER PERSON.
28. CLASS ACTION WAIVER
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU MAY ONLY BRING A CLAIM AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, AND YOU HEREBY WAIVE YOUR RIGHT TO DO SO.
If you encounter any content on our Services that you find offensive and which you believe violates these Terms, please report the content to us by using our contact form on our Site (traderswithedge.com/support). So that we can efficiently deal with your report, please ensure that your report:
- states the reason for your concern/s; and
- clearly identifies the content by providing:
- a description of it; and
- a link to the specific page, post or content (if applicable).
You agree to keep confidential all Content hosted or made available on or through our Services, all communications between you and us, and all other information which you receive from us (other than information which is in the public domain).
If you receive or encounter any information which a reasonable person would consider to be confidential in nature, you agree to contact us by using our contact form on our Site (traderswithedge.com/support).
31. Notices and Notifications
We may send or issue notices to you from time to time:
a. through the user interface on our Services; and/or
b. by email.
You consent to receiving notices by the above means. We take no responsibility for any failure of delivery of any notice or notification to you for any reason whatsoever.
Except as permitted by law, in the event of a dispute between you and us, or between you and any other person using our Services, you must:
a. notify us of the dispute by using our contact form on our Site (traderswithedge.com/support);
b. provide us with full and complete details of the dispute;
c. providing such supporting information or documents as we reasonably request; and
d. act reasonably and in good faith with the other parties to the dispute in order to resolve the dispute amicably without formal legal action.
1.2 Entire Agreement
These Terms contain the entire agreement between the parties about its subject matter. Any previous representation, understanding, arrangement, agreement, or warranty relating to that subject matter is superseded by these Terms.
This Agreement is governed by the laws of Hong Kong and each party submits to the non-exclusive jurisdiction of the courts of Hong Kong.
Any provision of these Terms that is illegal, void or unenforceable will be read down or severed so as to preserve the remainder of these Terms which will continue in full force and effect.
A failure or delay in the exercise or enforcement of any right, power or remedy available by law or under these Terms by any party will not in any way preclude, or operate as a waiver of, any exercise or enforcement of that or any other right, power or remedy. All waivers must be expressly given in writing to be effective and binding. No waiver of a breach of any provision of these Terms will operate as a waiver of another breach of that provision or of a breach of any other provision of these Terms.
33. Rules of Interpretation
Unless the context otherwise requires, any terms defined in bold text have the meaning allocated to them wherever they appear in these Terms.
The following rules also apply to the interpretation of these Terms, except where the context otherwise requires:
- the singular includes the plural and vice versa;
- words of any gender include all genders;
- alternate grammatical forms of a defined term have a corresponding meaning;
- a reference to a clause, paragraph, schedule, annexure, or appendix is a reference to a clause or paragraph of, and a schedule, annexure, or appendix to these Terms;
- a reference to a document includes the document as novated, varied, or substituted from time to time;
- a reference to a person includes a natural person, partnership, body corporate, association, joint venture, and governmental body, authority, agency or other entity;
- a reference to a party is a reference to a party to these Terms and includes the party’s executors, administrators, successors, permitted substitutes (including by novation) and permitted assigns;
- a reference to two or more persons is to any of them together and each of them individually;
- a reference to legislation or regulations includes all delegated legislation made under it and amendments, consolidations, replacements or re-enactments of any of them;
- ‘including’ and similar expressions do not limit the generality of any provision of these Terms;
- a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any part of it; and
- a reference to $, USD$, dollar or $ is to United States of America currency;
- headings and table of contents are for ease of reference only and do not affect interpretation.